APPEAL OF KELLY

No. 86-283.

129 N.H. 462 (1987)

APPEAL OF RICK P. KELLY (New Hampshire Department of Employment Security)

Supreme Court of New Hampshire.

July 10, 1987.


Attorney(s) appearing for the Case

New Hampshire Legal Assistance, of Manchester (Ronald B. Eskin on the brief and orally), for the claimant.

Fordham & Starrett, of Boston, Massachusetts, and Orr and Reno P.A., of Concord (Barry A. Guryan, Thomas A. Mullen and James P. Bassett on the brief, and Mr. Mullen orally), for the employer, General Electric Company.


THAYER, J.

The issue in this case is whether the appeal tribunal of the New Hampshire Department of Employment Security properly reversed the certifying officer's determination that the claimant was discharged from his employment by General Electric Company (the employer) due to misconduct connected with his work. For the reasons that follow, we hold that the appeal tribunal misstated the burden of proof, and remand for a determination of the reason for the claimant...

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